USPTO Patents Application 09974554

COPY OF PAPERS
ORIGINALLY FILED

Docket No. 4208-4026

COMBINED DECLARATION AND POWER OF ATTORNEY FOR
ORIGINAL, DESIGN, NATIONAL STAGE OF PCT, SUPPLEMENTAL,
DIVISIONAL. CONTINUATION OR CONTINUATION-IN-PART APPLICATION

As a below named inventor, I hereby declare that:

My residence, post office address and citizenship are as stated below next to my name,

I believe I am the original, first and sole inventor (if only one name is listed below) or an original, first
and joint inventor (if plural names are listed below) of the subject matter which is claimed and for which
a patent is sought on the invention entitled:

DATACAST DISTRIBUTION SYSTEM
the specification of which

a. □ is attached hereto

b. ^ was filed on October 10. 2001 as application Serial No. 09/974.554 .

PCT FILED APPLICATION ENTERING NATIONAL STAGE

c. □ was described and claimed in International Application No. filed on and

as amended on . (if any).

I hereby state that I have reviewed and understand the contents of the above-identified specification,
including the claims, as amended by any amendment referred to above.

I acknowledge the duty to disclose information which is material to patentability as defined in 37 C F R
§ 1.56.

I hereby specify the following as the correspondence address to which all communications about this
application are to be directed:

SEND CORRESPONDENCE TO: Angus R. Gill

MORGAN & FINNEGAN, L.L.P.
345 Park Avenue
New York, N.Y. 10154

DIRECT TELEPHONE CALLS TO: 212-415-8746

□ I hereby claim foreign priority benefits under Title 35, United States Code § 1 19 (a)-(d) or under
§ 365(b) of any foreign application(s) for patent or inventor's certificate or under § 365(a) of any
PCT international application(s) designating at least one country other than the U.S. listed below
and also have identified below such foreign application{s) for patent or inventor's certificate or
such PCT international application(s) filed by me on the same subject matter having a filing date
within twelve (12) months before that of the application on which priority is claimed:

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Docket No. 4208-4026

□ The attached 35 U.S.C. § 1 19 claim for priority for the application(s) listed below forms a part of
this declaration.

Application Date of filing Date of issue Priority

Country/PCT Number (day, month, yr) (day, month, yr) Claimed

□ y Dn

□ y Dn

□ y Dn

□ I hereby claim the benefit under 35 U.S.C. § 1 19(e) of any U.S. provisional application(s) listed
below.

Provisional Application No. Date of filing (day, month, yr)

ADDITIONAL STATEMENTS FOR DIVISIONAL, CONTINUATION OR CONTINUATION-IN-
PART OR P CT INTERNATIONAL APPLICATIONS DESICxNATING THE U.S.)

] hereby claim the benefit under Title 35, United States Code § 120 of any United States application(s) or
under § 365(c) of any PCT international application(s) designating the U.S. listed below.

US/PCT Application Serial No. Filing Date Status (patented, pending, abandoned)/ U.S.

application no. assigned (For PCT)

US/PCT Application Serial No. Filing Date Status (patented, pending, abandoned)/ U.S.

application no. assigned (For PCT)

□ In this continuation-in-part application, insofar as the subject matter of any of the claims of this
application is not disclosed in the above listed prior United States or PCT international
application(s) in the manner provided by the first paragraph of Title 35, United States Code, §
1 12, 1 acknowledge the duty to disclose material information as defined in Title 37, Code of
Federal Regulations, § 1.56(a) which occurred between the filing date of the prior application(s)
and the national or PCT international filing date of this application.

I hereby declare that all statements made herein of my own knowledge are true and that all statements
made on information and belief are believed to be true; and further that these statements were made with
the knowledge that willful false statements and the like so made are punishable by fine or Imprisonment
or both, under Section 1001 of Title 18 of the United States Code and that such willful false statements '
may jeopardize the validity of the application or any patent issued thereon.

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Docket No. 4208-4026

I hereby appoint the following attorneys and/or agents with full power of substitution and revocation, to
prosecute this application, to receive the patent, and to transact all business in the Patent and Trademark
Office connected therewith: John C. Vassi! (Reg. No. 19,098), Alfred P. Ewert (Reg. No. 19,887), David
H. Pfeffer (Reg. No. 19,825), Harry C. Marcus (Reg. No. 22,390), Robert E. Paulson (Reg. No. 21,046),
Stephen R. Smith (Reg. No. 22,615), Kurt E. Richter (Reg. No. 24,052), J. Robert Dailey (Reg. No.
27,434), Eugene Moroz (Reg. No. 25,237), John F. Sweeney (Reg. No. 27,471), Arnold I. Rady (Reg. No.
26,601), Christopher A. Hughes (Reg. No. 26,914), William S. Feiler (Reg. No. 26,728), Joseph A.
Calvaruso (Reg. No. 28,287), James W. Gould (Reg. No. 28,859), Richard C. Komson (Reg. No. 27,913),
Israel Blum (Reg. No. 26,710), Bartholomew Verdirame (Reg. No. 28,483), Maria C.H. Lin (Reg. No.
29,323), Joseph A. DeGirolamo (Reg. No. 28,595), Michael P. Dougherty (Reg. No. 32,730), Seth J.
Atlas (Reg. No. 32,454), Andrew M. Riddles (Reg. No. 31,657), Bruce D. DeRenzi (Reg. No. 33,676),
Mark J. Abate (Reg. No. 32,527), John T. Gallagher (Reg. No. 35,516), Steven F. Meyer (Reg. No.
35,613) and Kenneth H. Sonnenfeld (Reg. No. 33,285), Tony V. Pezzano (Reg. No. 38,271), Andrea L.
Wayda (Reg. 43,979), Walter G. Hanchuk (Reg. No. 35,179), John W. Osborne (Reg. No. 36,231), and
Robert K. Goethals (Reg. No. 36,813) of Morgan & Finnegan, L.L.P. whose address is: 345 Park Avenue,
New York, New York, 10154; and Michael S. Marcus (Reg. No. 31,727), John E. Hoel (Reg. No.
26,279), and Stanley B. Green (Reg. No. 24,351) of Morgan & Finnegan, L.L.P., whose address is 1775
Eye Street, Suite 400, Washington, D.C. 20006.

□ I hereby authorize the U.S. attorneys and/or agents named hereinabove to accept and follow
instructions from as to any action to be taken in the U.S. Patent and Trademark Office

regarding this application without direct communication between the U.S. attorneys and/or agents
and me. In the event of a change in the person(s) from whom instructions may be taken I will so
notify the U.S. attorneys and/or agents named hereinabove.

^Date

Full name of sole or first inventor: Markus Lindqvist y/
Inventor's signature*

Residence: Tin^g^ntie 38, 00620 Helsinki, Finland

Citizenship: Finnish

Post Office Address:

Full name of second inventor: Kai-Uwe Prokki

Inventor's signature*

/ Date '

Residence: Sinettikuja 3 A 9, 02770 Espoo, Finland

Citizenship: Finnish
Post Office Address:

ATTACHED IS ADDED PAGE TO COMBINED DECLARATION AND POWER OF
ATTORNEY FOR SIGNATURE BY THIRD AND SUBSEQUENT INVENTORS FORM.

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Docket No. 4208-4026

Full name of third inventor:
Inventor's signature*

Markku Soinio

Residence:

Date

Viherlaaksonranta 14 A 1, 02710 Espoo, Finland

Citizenship:

Finnish

Post Office Address:

Full name of fourth inventor:
Inventor's signature*

Dominique Miiller

t L ' \v / Q . ' ' <-J^^ ^

Residence:

Date

Museokatu 31 A 25, 00100 Helsinki, Finland

Citizenship:

Swiss

Post Office Address:

Full name of fifth inventor:

Inventor's signature*

Residence:

Date

Citizenship:

Post Office Address:

Full name of sixth inventor:

Inventor's signature*

Residence:

Date

Citizenship:

Post Office Address:

Full name of seventh inventor:

Inventor's signature*

Residence:

Date

Citizenship:

Post Office Address:

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Docket No. 4208-4026

Full name of eighth inventor

Inventor's signature*

Residence:

Date

Citizenship:

Post Office Address:

Full name of ninth inventor:

Inventor's signature*

Residence:

Date

Citizenship:

Post Office Address:

Full name of tenth inventor:

Inventor's signature*

Residence:

Date

Citizenship:

Post Office Address:

Full name of eleventh inventor:

Inventor's signature*

Residence:

Date

Citizenship:

Post Office Address:

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COPY OF PAPERS
ORIGINALLY FILED

Docket No. 4208-4026

*Before signing this declaration, each person signing must:

1. Review the declaration and verify the correctness of all information therein; and

2. Review the specification and the claims, including any amendments made to the claims.
After the declaration is signed, the specification and claims are not to be altered.

To the inventor(s):

The following are cited in or pertinent to the declaration attached to the accompanying
application:

Title 37, Code of Federal Regulation, §1.56

Duty to disclose information material to patentability

(a) A patent by its very nature is affected with a public interest. The public interest is best served, and the most
effective patent examination occurs when, at the time an application is being examined, the Office is aware
of and evaluates the teachings of all information material to patentability. Each individual associated with
the fdmg and prosecution of a patent application has a duty of candor and good faith in dealing with the
Office, which includes a duty to disclose to the Office all information known to that individual to be
material to patentability as defined in this section. The duty to disclose information exists with respect to
each pending claim until the claim is canceled or withdrawn from consideration, or the application becomes
abandoned. Information material to the patentability of a claim that is canceled or withdrawn from
consideration need not be submitted if the information is not material to the patentability of any claim
remaining under consideration in the application. There is no duty to submit information which is not
material to the patentability of any existing claim. The duty to disclose all information known to be
material to patentability is deemed to be satisfied if all information known to be material to patentability of
any claim issued in a patent was cited by the Office or submitted to the Office in the manner prescribed by
§§1.97(b)-(d) and 1.98. However, no patent will be granted on an application in connection with which
fraud on the Office was practiced or attempted or the duty of disclosure was violated through bad faith or
intentional misconduct. The Office encourages applicants to carefully examine:

(1) prior art cited in search reports of a foreign patent office in a counterpart application, and

(2) the closest information over which individuals associated with the filing or prosecution of a
patent application believe any pending claim patentably defines, to make sure that any
material information contained therein is disclosed to the Office.

Title 35, U.S. Code § 101

Inventions patentable

Whoever invents or discovers any new and useful process, machine, manufacture, or composition of
matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the
conditions and requirements of this title.

Title 35 U.S. Code § 102

Conditions for patentability; novelty and loss of right to patent
A person shall be entitled to a patent unless --

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(a) the invention was known or used by others in this country, or patented or described in a
printed publication in this or a foreign country, before the invention thereof by the applicant
for patent,

(b) the invention was patented or described in a printed publication in this or foreign country or
m public use or on sale in this country, more than one year prior to the date of application for
patent in the United States, or

(c) he has abandoned the invention, or

(d) the invention was first patented or caused to be patented, or was the subject of an inventor's
certificate, by the applicant or his legal representatives or assigns in a foreign country prior
to the date of the application for patent in this country on an application for patent or
inventor's certificate filed more than twelve months before the filing of the application in the
United States, or

(e) the invention was described in a patent granted on an application for patent by another filed
in the United States before the invention thereof by the applicant for patent, or on an
international application by another who has fulfilled the requirements of paragraphs (1), (2),
and (4) of section 371(c) of this title before the invention thereof by the applicant for patent, '
or

(f) he did not himself invent the subject matter sought to be patented, or

(g) before the applicant's invention thereof the invention was made in this country by another
who had not abandoned, suppressed, or concealed it. In determining priority of invention
there shall be considered not only the respective dates of conception and reduction to
practice of the invention, but also the reasonable diligence of one who was first to conceive
and last to reduce to practice, from a time prior to conception by the other.

Title 35, U.S. Code § 103

Conditions for patentability; non-obvious subject matter

A patent may not be obtained though the invention is not identically disclosed or described as set forth in
section 102 of this title, if the differences between the subject matter sought to be patented and the prior
art are such that the subject matter as a whole would have been obvious at the time the invention was
made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall
not be negatived by the manner in which the invention was made.

Subject matter developed by another person, which qualifies as prior art only under subsection (f) or (g)
of section 102 of this title, shall not preclude patentability under this section where the subject matter and
the claimed invention were, at the time the invention was made, owned by the same person or subject to
an obligation of assignment to the same person.

Title 35, U.S. Code § 112 (in part)

Specification

The specification shall contain a written description of the invention, and of the manner and process of
making and using it, in such full, clear, concise and exact terms as to enable any person skilled in the art

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to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set
forth the best mode contemplated by the inventor of carrying out his invention.

Title 35, U.S. Code, § 119

Benefit of earlier filing date in foreign country; right of priority

An application for patent for an invention filed in this country by any person who has, or whose
legal representatives or assigns have, previously regularly filed an application for a patent for the same
invention in a foreign country which affords similar privileges in the case of applications filed in the
United States or to citizens of the United States, shall have the same effect as the same application would
have if filed in this country on the date on which the application for patent for the same invention was
first filed in such foreign country, if the application in this country is filed within twelve months from the
earliest date on which such foreign application was filed; but no patent shall be granted on any application
for patent for an invention which had been patented or described in a printed publication in any country
more than one year before the date of the actual filing of the application in this country, or which had
been in public use or on sale in this country more than one year prior to such filing.

Title 35, U.S. Code, § 120

Benefit or earlier filing date in the United States

An application for patent for an invention disclosed in the manner provided by the first paragraph
of section 1 12 of this title in an application previously filed in the United States, or as provided by section
363 of this title, which is filed by an inventor or inventors named in the previously filed application shall
have the same effect, as to such invention, as though filed on the date of the prior application, if filed
before the patenting or abandonment of or termination of proceedings on the first application or an
application similarly entitled to the benefit of the filing date of the first application and if it contains or is
amended to contain a specific reference to the earlier filed application.

Please read carefully before signing the Declaration attached to the accompanying Application.
If you have any questions, please contact Morgan & Finnegan, L.L.P.

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